Depending on the alleged facts of the case, a prostitution charge can be a very serious charge. It ranges from a misdemeanor (disorderly persons offense), all the way to a first degree felony (indictable). Along with it being a very serious charge, it can also leave you with a hefty fine and criminal conviction if the defendant pleads guilty or is found guilty after trial. In addition to facing a prostitutions charge, a defendant can also face a lewdness charge too. At the Law Offices of Jonathan F. Marshall, our team of Bergen County Criminal Defense Lawyers can help you or your loved one with a prostitution charge. Our law firm has:
- Over two-hundred (200) years of combined experience
- A team of eleven (11) criminal defense attorneys that devote their entire practice to criminal law
- Our firm has eight (8) former prosecutors
- four (4) of our attorneys were former assistant county prosecutors and held directorial positions of the Drug, Gang, and Gun Task Force, Major Crimes Division, Trial Division, Juvenile Division
- Three (3) of our attorneys were former municipal prosecutors in over twenty-five (25) towns
- Two (2) of our lawyers were recently selected to Super Lawyers Rising Stars 2021 list for New Jersey which is a highly credentialed, peer-influenced, third-party validated, and a patented process that selects only 2.5% of the attorneys in New Jersey to this list
- One (1) of our attorneys is Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, a distinction held by less than 1% of attorneys in this State
- Selected to the National Trial Lawyers Top 100 and Top 40 Under 40
A prostitution charge is a serious charge, and you or your loved one need serious attorneys to handle these allegations. We have three (3) offices located throughout Bergen County. We have offices in Paramus, Hackensack, as well as Fort Lee. Call one of our offices for a free consultation at 201-429-9783, we’re available 24/7.
Hackensack Prostitution Charges Lawyer
Prostitution in New Jersey is codified as NJSA 2C:34-1. Under NJ law, a person commits the offense of prosecution if:
- The actor engages in prostitution as a patron
- This is a misdemeanor (disorderly persons offense), unless it is a second or third conviction for this exact offense which then constitutes a fourth (4th) degree felony (indictable)
- If a motor vehicle was involved, then the MVC shall suspend the actor’s driver’s license for 6 months if there is a conviction on this charge
- The actor promotes prostitution
- This can be a third (3rd) or fourth (4th) degree felony (indictable) depending on the facts of the case
- The actor knowingly promotes prostitution of a child under 18 whether or not the actor mistakenly believed that the child was 18 years of age or older, even if such mistake was reasonable,
- This is a first (1st) degree felony (indictable)
- The actor knowingly promotes prostitution of the actor’s child, ward, or any other person for whose care the actor is responsible,
- This is a first (1st) degree felony (indictable)
- The actor compels another to engage in or promote prostitution,
- This is a third (3rd) degree felony (indictable)
- The actor promotes prostitution of the actor’s spouse,
- This is a third (3rd) degree felony (indictable)
- The actor knowingly engages in prostitution with a person under the age of 18, or remains in a house to engage in sexual activity with a child under the age of 18. It is not a defense that the actor mistakenly believed the child was over 18.
- This is a second (2nd) degree felony (indictable)
- The actor engages in prostitution by personally offering sexual activity in exchange for something of economic value
- This is a misdemeanor (disorderly persons offense), unless it is a second or third conviction for this exact offense which then
What penalties are associated with a first or second degree crime?
- First degree felony (indictable) has a maximum of twenty (20) years in a New Jersey state prison. It also carries up to a $200,000 fine. There is also a presumption of incarceration with a first degree felony.
- Second degree felony (indictable) has a maximum of ten (10) years in a New Jersey state prison. It also carries up to a $150,000 fine. There is also a presumption of incarceration with a second degree felony.
- Third degree felony (indictable) has a maximum of five (5) years in a New Jersey state prison. It also carries up to a $15,000 fine.
- Fourth degree felony (indictable) has a maximum of eighteen (18) months in a New Jersey state prison. It also carries up to a $10,000 fine.
- Misdemeanor (disorderly persons offense) carries up to six (6) months in the Bergen County Jail, and up to a $1,000 fine.
In addition, if anyone is convicted of paragraphs 2-7 above, then a penalty of at least $10,000, but no more than $50,000 will be imposed. If the prostitution involved a child of under 18, then a fine of at least $25,000 will be imposed.
Affirmative Defense for Prostitution
There is an affirmative defense when it comes to a prostitution charge. An affirmative defense exists if during the alleged commission of the offense the defendant was a victim of human trafficking or compelled by another to engage in sexual activity. It does not matter if the defendant was an adult or underage.
What does “Prostitution” mean?
As defined under the statute, prostitution is a sexual activity with another person in exchange for something of economic value. It also includes an offer or the acceptance of an offer to engage in sexual activity in exchange for something of economic value. Sexual activity includes, but is not limited to, sexual intercourse (including genital-genital, oral-genital, anal-genital, oral-anal contact) whether between persons of the same or opposite sex. It also includes masturbation, which is touching of the genitals, buttocks, or female breasts.
Fort Lee Criminal Defense Attorney
To ensure that your rights will be protected to the fullest extent allowed by law, it is important that you engage an experienced New Jersey criminal defense attorney as soon as possible after being arrested for a sex crime. Set up a free initial legal consultation with the Law Offices of Jonathan F. Marshall at any of our three (3) of our locations in Bergen County (Paramus, Hackensack, and Fort Lee) today to get started on a strong legal defense. Feel free to call us at 201-429-9783, we’re available 24/7